Police Internal Affairs summaries and Section 10 information on police officer (20230113-1.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
1. For Police Officer Joyce Lee, her "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
2. By way of background, I note that the settlement agreement of Joyce Lee v Absecon, Docket No. ATL-1287-21 resolved two disciplinary cases: a) I-2020-021907 (the Dollar General incident) which was a Neglect of Duty charge that resulted in Lee receiving a 30-day working suspension and b) I-2021-012757 (the Shooting Range incident) which was also a Neglect of Duty charge that resulted in Lee being demoted from Sergeant to Patrol officer. Yet, the Police Department's 2021 Annual Major Discipline Reporting Form, available on the Department's website, shows only one "Neglect of Duty" charge that encompassed both the suspension and demotion. The brief summary of Lee's transgression, as required by Internal Affair Policy & Procedures Section 9.11.2 (amended by Attorney General Law Enforcement Directive 2020-05 states that Lee "failed to take appropriate action on the occasion of a high-priority call."
I do not know if the "high priority call" transgression involved the Dollar General or the Shooting Range incident. Also, if the summary related to only one of the charges, I believe that the public is entitled to know the summary of the transgression that related to the other charge. Accordingly, I would like the following records:
a) brief summary of Lee's transgression in the Dollar General incident.
b) brief summary of Lee's transgression in the Shooting Range incident.
3. That both disciplinary incidents were a) major in that they resulted in a demotion and a lengthy suspension and b) were settled at the same time as Officer Lee's lawsuit that alleged, among other things, that high ranking male officers made "remarks about [female officers'] physical appearance and [were] ogling their bodies on surveillance video," raises a reasonable question as to whether the disciplinary actions were motivated by an improper purpose. Accordingly, for both disciplinary cases, I would like, under the common law right of access, redacted versions of the "findings of fact" that discloses sufficient information so that members of the public can judge for themselves whether the quantum of discipline imposed upon Lee was appropriate.
Good Afternoon,
This email is in response to your Open Public Records Request below regarding Officer Joyce Lee.
RECORD RESPONSE:
1. Joyce Lee - Patrolwoman, $105,363.00. Hire Date - 7/3/2005. Date of Separation - N/A-still employed.
2. SEE ATTACHED
3. Additional time is necessary to identify potentially responsive documents, to review those for potential redactions, and to respond to your request. This office will provide a response on or before February 16, 2023.
Best Regards,
___________________________________
Carie A. Crone, RMC/CMR
Absecon City Clerk’s Office
Municipal Complex
500 Mill Road
Absecon, NJ 08201
[Absecon City request email]
Tel (609)641-0663 x101
Fax (609)645-5098
-----Original Message-----
From: John Paff <[OPRA #39061 email]>
Sent: Friday, January 13, 2023 5:12 PM
To: Carie Crone <[email address]>
Subject: OPRA request - Police Internal Affairs summaries and Section 10 information on police officer (20230113-1.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
1. For Police Officer Joyce Lee, her "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
2. By way of background, I note that the settlement agreement of Joyce Lee v Absecon, Docket No. ATL-1287-21 resolved two disciplinary cases: a) I-2020-021907 (the Dollar General incident) which was a Neglect of Duty charge that resulted in Lee receiving a 30-day working suspension and b) I-2021-012757 (the Shooting Range incident) which was also a Neglect of Duty charge that resulted in Lee being demoted from Sergeant to Patrol officer. Yet, the Police Department's 2021 Annual Major Discipline Reporting Form, available on the Department's website, shows only one "Neglect of Duty" charge that encompassed both the suspension and demotion. The brief summary of Lee's transgression, as required by Internal Affair Policy & Procedures Section 9.11.2 (amended by Attorney General Law Enforcement Directive 2020-05 states that Lee "failed to take appropriate action on the occasion of a high-priority call."
I do not know if the "high priority call" transgression involved the Dollar General or the Shooting Range incident. Also, if the summary related to only one of the charges, I believe that the public is entitled to know the summary of the transgression that related to the other charge. Accordingly, I would like the following records:
a) brief summary of Lee's transgression in the Dollar General incident.
b) brief summary of Lee's transgression in the Shooting Range incident.
3. That both disciplinary incidents were a) major in that they resulted in a demotion and a lengthy suspension and b) were settled at the same time as Officer Lee's lawsuit that alleged, among other things, that high ranking male officers made "remarks about [female officers'] physical appearance and [were] ogling their bodies on surveillance video," raises a reasonable question as to whether the disciplinary actions were motivated by an improper purpose. Accordingly, for both disciplinary cases, I would like, under the common law right of access, redacted versions of the "findings of fact" that discloses sufficient information so that members of the public can judge for themselves whether the quantum of discipline imposed upon Lee was appropriate.
-------------------------------------------------------------------
Please deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #39061 email]
Is [Absecon City request email] the wrong address for OPRA requests to Absecon City? If so, please contact us using this form:
https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/police_i...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Dear Ms. Crone:
In your prior message you stated that your "office will provide a response on or before February 16, 2023." I have yet to receive that response. Please advise.
Thank you.
John Paff
Good Afternoon,
After speaking with you yesterday, I reached out to the Police Records and the City Attorney. Please see the response from the solicitor below:
3. Internal Affairs records are confidential pursuant to the Attorney General Internal Affairs Policy and Procedures and exempt from access under OPRA. See: N.J.S.A. 47:1A-9 (allows for exemptions from disclosure contained in other statutes to apply under OPRA) and N.J.S.A. 40A:14-181 (mandatory adoption of Attorney General Guidelines for Internal Affairs Policy and Procedures by law enforcement agencies); and Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022) (Internal Affairs records are exempt from disclosure under OPRA); See also: N.J.S.A. 47:1A-1 and Paff v. Bergan County, 2017 WL 957735 (App. Div. 2017). Therefore, to the extent your request is made pursuant to OPRA, it is denied.
The City will require an extension of time to identify the responsive records and review the same for redactions pursuant to Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022). The City will supplement this response on or before March 28, 2023.
___________________________________
Carie A. Crone, RMC/CMR
Absecon City Clerk’s Office
Municipal Complex
500 Mill Road
Absecon, NJ 08201
[Absecon City request email]
Tel (609)641-0663 x101
Fax (609)645-5098
-----Original Message-----
From: John Paff <[OPRA #39061 email]>
Sent: Friday, February 17, 2023 3:07 PM
To: Carie Crone <[email address]>
Subject: RE: OPRA request - Police Internal Affairs summaries and Section 10 information on police officer (20230113-1.txt)
Dear Ms. Crone:
In your prior message you stated that your "office will provide a response on or before February 16, 2023." I have yet to receive that response. Please advise.
Thank you.
John Paff
-----Original Message-----
Good Afternoon,
This email is in response to your Open Public Records Request below regarding Officer Joyce Lee.
RECORD RESPONSE:
1. Joyce Lee - Patrolwoman, $105,363.00. Hire Date - 7/3/2005. Date of Separation - N/A-still employed.
2. SEE ATTACHED
3. Additional time is necessary to identify potentially responsive documents, to review those for potential redactions, and to respond to your request. This office will provide a response on or before February 16, 2023.
Best Regards,
___________________________________
Carie A. Crone, RMC/CMR
Absecon City Clerk’s Office
Municipal Complex
500 Mill Road
Absecon, NJ 08201
[Absecon City request email]
Tel (609)641-0663 x101
Fax (609)645-5098
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #39061 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/police_i...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Mr. Paff,
Attached please find the response to your Open Public Records Request regarding Internal Affairs.
Thank you for your patience,
Carie
-----Original Message-----
From: John Paff <[OPRA #39061 email]>
Sent: Thursday, March 16, 2023 3:57 PM
To: Carie Crone <[email address]>
Subject: RE: OPRA request - Police Internal Affairs summaries and Section 10 information on police officer (20230113-1.txt)
Dear Ms. Crone:
Thank you. March 28th is fine.
John Paff
-----Original Message-----
Good Afternoon,
After speaking with you yesterday, I reached out to the Police Records and the City Attorney. Please see the response from the solicitor below:
3. Internal Affairs records are confidential pursuant to the Attorney General Internal Affairs Policy and Procedures and exempt from access under OPRA. See: N.J.S.A. 47:1A-9 (allows for exemptions from disclosure contained in other statutes to apply under OPRA) and N.J.S.A. 40A:14-181 (mandatory adoption of Attorney General Guidelines for Internal Affairs Policy and Procedures by law enforcement agencies); and Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022) (Internal Affairs records are exempt from disclosure under OPRA); See also: N.J.S.A. 47:1A-1 and Paff v. Bergan County, 2017 WL 957735 (App. Div. 2017). Therefore, to the extent your request is made pursuant to OPRA, it is denied.
The City will require an extension of time to identify the responsive records and review the same for redactions pursuant to Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022). The City will supplement this response on or before March 28, 2023.
___________________________________
Carie A. Crone, RMC/CMR
Absecon City Clerk’s Office
Municipal Complex
500 Mill Road
Absecon, NJ 08201
[Absecon City request email]
Tel (609)641-0663 x101
Fax (609)645-5098
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #39061 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/police_i...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------